Sarwan Paswan @ Sarwan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sarwan Paswan @ Sarwan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail: petitioner to be released on bail upon arrest or surrender before the court below within four weeks, furnishing bail bonds of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City in connection with Fatuha P.S. Case No. 508 of 2024, subject to Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 conditions and with the further condition that one bailor shall be the own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Fatuha P.S. Case No. 508 of 2024 (offences under Sections 316(2), 318(4), 304, 111(2), 61(2) B.N.S., 2023), should be granted pre-arrest (anticipatory) bail.

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the court below within four weeks, upon furnishing bail bonds of Rs.25,000/- (twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City in connection with Fatuha P.S. Case No. 508 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023, with the further condition that one bailor shall be the own/close family member of the petitioner.

Ratio / Principle

The grant was founded on the Court's regard for the submissions made, the delay in lodging the FIR (occurrence 31.07.2024, FIR lodged 02.08.2024), the fact that both parties are known to each other, and the fair antecedent of the petitioner.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - High Court of Judicature at Patna, Criminal Miscellaneous No.31141 of 2025, decided 21-05-2025 by Hon'ble Mr. Justice Harish Kumar (oral order). The petitioner, Sarwan Paswan @ Sarwan Kumar, apprehended arrest in Fatuha P.S. Case No. 508 of 2024, registered for offences punishable under Sections 316(2), 318(4), 304, 111(2), 61(2) of the B.N.S., 2023. Prosecution alleged that, on instruction of one Rakesh Puria, the informant settled a deal to purchase an idol said to be of gold at Rs. 8 lakhs, handed over the money, and had the bag containing Rs. 8 lakhs snatched at pistol point by the petitioner's associates, the idol proving to be of brass. Granting bail, the Court considered the submissions of the parties, the delay in lodging the FIR (occurrence 31.07.2024; FIR lodged 02.08.2024), the circumstance that the informant and the petitioner were known to each other, the absence of any independent witness, and the petitioner's fair antecedent and undertaking to co-operate with the investigation. The petitioner was directed to be released on bail in the event of arrest or surrender before the court below within four weeks, upon furnishing bail bonds of Rs.25,000/- (twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023, with the additional condition that one of the bailors shall be the own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31141 of 2025

Arising Out of PS. Case No.-508 Year-2024 Thana- FATUA District- Patna

======================================================

Sarwan Paswan @ Sarwan Kumar S/o Ramasray Paswan R/o Kanhaipur, P.S.Mokama, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gajanan Mishra, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 21-05-2025

Heard the learned Advocate for the petitioner and the

learned APP for the State.

The petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 508 of 2024, registered for the offences punishable under Sections 316(2), 318(4), 304, 111(2), 61(2) of the B.N.S., 2023.

Based upon the written report, the prosecution alleges that on instruction given by one Rakesh Puria, the informant contacted with the petitioner and after settlement of the deal regarding purchase of an idol at the rate of Rs. 8 lakhs, he reached at the place where he was called upon by the petitioner. As per the deal, when they reached at the scheduled place, this petitioner asked the informant to hand over the money and take your idol. In the meanwhile, the associates of

Patna High Court CR. MISC. No.31141 of 2025(2) dt.21-05-2025 2/3

the petitioner snatched the bag containing Rs. 8 lakhs on the point of pistol and fled away on their two motorcycles. Later on, the informant found that the idol was made of brass and this way, the petitioner and other accused persons duped with Rs. 8 lakhs.

Learned Advocate for the petitioner taking this Court through the FIR contended that the occurrence as alleged in the FIR took place on 31.07.2024, but the FIR came to be lodged on 02.08.2024. From the narrations made in the FIR, it is evident that both the informant and the petitioner are known to each other and the purchase of the idol was done pursuant to the instruction given by one Rakesh Puria. Moreover, it is not the case that the idol was not handed over to the informant rather it is case that the idol was found to be of brass, though the same was sold on the pretext of being made of gold. There is no independent witness to the alleged occurrence and the entire case appears to be concocted. The petitioner bears fair antecedent and he undertakes that he will fully co-operate in the investigation or in the proceeding of the Court.

On the other hand, learned counsel for the State opposed the pre-arrest bail application.

Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the

Patna High Court CR. MISC. No.31141 of 2025(2) dt.21-05-2025 3/3

FIR, coupled with the fact that both the parties are known to each other and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.25,000/- (twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City in connection with Fatuha P.S. Case No. 508 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

shivank/-

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